High Court of Punjab and HaryanaCRM-M/33809/2021disposed of

Lovepreet Singh v. State Of Punjab And ORS

2024-08-20Ms. Justice Nidhi Gupta3 pages

CRM-M-33809-2021 (O&M) - 1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-33809-2021 (O&M) Date of Decision: 20.08.2024 Lovepreet Singh .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. P.S.Miglani, Advocate for the petitioner. Ms. Aakanksha Gupta, A.A.G., Punjab.

Mr. Gaurav Kalra, Advocate for respondents No. 7 and 8.

*** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 482 Cr.P.C. is for issuing directions to respondents No. 1 to 4 to transfer the enquiry of the complaint dated 18.06.2021 (Annexure P-9) to the Bureau of Investigation; or issuing directions to respondents No. 1 to 4 to conduct free, fair and independent enquiry of complaint dated 18.06.2021 (Annexure P-9) submitted by the petitioner against respondents No. 7 and 8.

At the very outset, learned counsel for the State draws attention of this Court to the order dated 21.04.2021 (Annexure R-1/T) passed by the Superintendent of Police (Security and Traffic), Amritsar

CRM-M-33809-2021 (O&M) - 2Rural annexed with the reply dated 30.11.2021 filed by way of an affidavit of the Deputy Superintendent of Police, Sub Division Majitha, Amritsar-Rural on behalf of respondents No. 1 to 4, whereby it has been stated that "the undersigned has already directed SHO of P.S. Majitha vide letter no.460-SE dated 19.04.2021 to take appropriate preventive action against the parties. As per the above mentioned facts, the in order the harvest the wheat crop sown in the land of Gurpal Singh (deceased), it is necessary to write to Sub Divisional Magistrate Majitha to take appropriate measures for its harvest. Therefore, if approved, then directions may kindly issued to SHO P.S. Majitha to take appropriate action."

Learned counsel for respondents No. 7 and 8 submits that these are cross cases between the parties. It is respondent No. 7, who had previously filed a complaint No. 704 dated 12.04.2021 against the petitioner and his family members, as has been mentioned by the petitioner himself in para No. 3 of the present petition. It is submitted that since it is a land dispute in respect of which 2 civil suits are already pending between the petitioner and respondents No. 7 and 8 and the present complaint is a misuse of process of law. Learned counsel for the petitioner submits that action has been taken after passing of the above-said order. In view of the facts as noticed above, no further directions are required to be issued in the matter; and the present petition stands disposed of.

CRM-M-33809-2021 (O&M) - 3Pending application, if any, stands disposed of. 20.08.2024 ( NIDHI GUPTA ) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No